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2014 DIGILAW 1936 (MAD)

Managing Director, (Now General Manager), Tamil Nadu State Transport Corporation v. Manokaran

2014-07-04

K.KALYANASUNDARAM

body2014
Judgment : 1. Aggrieved over the award passed by the Motor Accident Claims Tribunal, Ramanathapuram made in M./C.O.P.No.22 of 2006, the Transport Corporation has filed this appeal. 2. The case of the claimant is that on 6.9.2003, at 8.45 p.m. while the claimant was proceeding in his motor cycle bearing Registration No. TN 65-B 6822 and at that time the bus bearing Registration No. TN 63 N -533 hit against the motor cycle. In the impact, the claimant had sustained injuries and immediately he was admitted at Government Hospital, Ramanathaputam and thereafter he was referred to Meenakshi Mission Hospital, Madurai for better treatment. A criminal case was registered against the driver of the bus in Cr.No.268 of 2003 by Uchipuli Police Station. Contending that the driver of the bus was responsible for the accident, a petition was laid claiming compensation restricted to Rs.3 lakhs. 3. Before the Tribunal, the claimant examined himself as P.W.1 and Dr. Palaniappan as P.W.2 and marked Ex.P1 to Ex.P13. On the side of the appellant one Sankar was examined as R.W.1 and no document was marked. The Tribunal relying upon the evidence of P.W.1 and Ex.P3-Site plan, Ex.P4-Observation Mahazar and Ex.P6-Charge-sheet held that the driver of the bus was responsible for the accident and awarded compensation of Rs.2,04,000/- along with interest at 7.5% p.a. Challenging the award, the present appeal is filed. 4. Heard Mr. M. Prakash, learned counsel for the appellant and perused the records. 5. The learned counsel for the appellant submitted that the award of the Tribunal is excessive and there is no supporting documents to prove the medical bills-Ex.P7 to Ex.P10. 6. The appellant has filed this appeal challenging the quantum of compensation and they have not disputed their liability. 7. P.W.1 has deposed that he sustained injury on the right leg, on the head and right hand. Ex.P8 shows that the claimant has taken first aid on 6.9.2003 at Government Hospital, Ramanathapuram. Ex.P2 is the medical records issued by the Meenakshi Mission Hospital, Madurai. Ex.P2 shows that the claimant had sustained compound fracture on the right leg and fracture of bones in the right hand. The claimant was admitted on 7.9.2003 and he was discharged only on 22.09.2003. Again, he was admitted on 11.10.2003 and discharged on 16.10.2003. 8. P.W.2 Dr. Ex.P2 is the medical records issued by the Meenakshi Mission Hospital, Madurai. Ex.P2 shows that the claimant had sustained compound fracture on the right leg and fracture of bones in the right hand. The claimant was admitted on 7.9.2003 and he was discharged only on 22.09.2003. Again, he was admitted on 11.10.2003 and discharged on 16.10.2003. 8. P.W.2 Dr. Palaniappan has deposed that he examined the claimant and after perusing the medical records, issued Ex.P12-Disability Certificate stating that he sustained 49% disability. Ex.P13 is the X-ray. P.W.1 produced Ex.P7 and Ex.P10 medical bills and Ex.P9-Discharge Summary Certificate. The tribunal relying upon the evidence of P.W.2 and Ex.P12 has awarded Rs.74,000/- towards permanent disability. Considering the compound fracture suffered by the claimant, the Tribunal has awarded Rs.40,000/- towards loss of amenities, Rs.35,000/- towards pain and suffering and Rs.15,000/- towards extra nourishment and Rs.40,000/- towards medical expenses and in total the Tribunal has awarded Rs.2,04,000/-. The Tribunal on the basis of the oral and documentary evidence has awarded compensation and in my considered opinion, the compensation awarded by the Tribunal is just and reasonable and the same is confirmed. 9. In the result, the Civil Miscellaneous Appeal is dismissed. In view of the dismissal of this appeal, the appellant shall deposit the entire award amount within a period of eight weeks from the date of receipt of a copy of this Judgement. On such deposit, the claimant is permitted to withdraw the entire award amount by filing necessary application before the Tribunal. Consequently, connected Miscellaneous Petition is dismissed. No costs.